IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7088 of 2026 Arising Out of PS. Case No.-274 Year-2025 Thana- SHIKARGANJ District- East Champaran ====================================================== Sunil Kumar Yadav @ Sunil Kr. Yadav Son of Raj Mangal Ray Resident of Village - Kolashi, P.S. - Chiraiya, District - East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Madhurendra Kumar For the Opposite Party/s : Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 19-02-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 50 litres of liquor from a place near bank of Sijua river along with 2000 litres of semi-manufactured liquor, which was destroyed at the spot. 4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner Patna High Court CR. MISC. No.7088 of 2026(2) dt.19-02-2026 2/3 and is accessible to villagers at large and he came to be implicated at the instance of Chowkidar but then it is submitted that if the Chowkidar was aware about the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution. It is also submitted of late police has started implicating accused who had criminal antecedent without holding a proper investigation. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shikarganj P.S. Case No. 274 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS. 7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than two Patna High Court CR. MISC. No.7088 of 2026(2) dt.19-02-2026 3/3 cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of two cases in that event the provisional anticipatory bail order shall be confirmed forthwith. Sumit/- (Satyavrat Verma, J) U T